Friday, July 6, 2012
HATCH ACT INFO
Although I have been quoting that which I believed was a copy of the perhaps original Hatch Act there may have been revisions that clarified the paragraph that I found confusing.
Bernice sent me this reference: Q. May employees hold public office?
A. Yes, while the Hatch Act prohibits candidacy for public office in partisan elections, it does not prohibit
a federal employee from being appointed to or holding public office. Additionally, when an
individual holds elective office at the time that the employee begins federal employment, he or she may
continue to serve in the elected position. However, the employee may not be a candidate for re-election if the election is partisan and the employee continues to be employed by a federal agency.
Th is further explained by the following opinion:
Candidacy for Partisan Political Office Prohibited. The law prohibits employees from running for nomination or as a candidate for election to a partisan political office. "Partisan political office" means any office for which any candidate is nominated or elected as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, but excludes any office or position within a political party or affiliated organization. The Senate Committee on Governmental Affairs report accompanying the legislation states that "Federal employees could run for office within party organizations and affiliated groups such as convention delegate."
Under these circumstances there may be merit to Abdul-Haqq's complaint.